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Recent Train Accident Devastates Southern California

 

On September 12, a train accident devastated the San Fernando Valley in southern California. A Metrolink train carrying 225 people crashed into a freight train, causing the country’s deadliest commuter train accident in almost 40 years.

 

An engineer on the commuter train ran a red signal and crashed head on with the freight train. Both trains were moving at approximately 40 miles per hour at the time of the accident, and railroad officials indicated that the track signal was working properly.

 

Tragically, 25 people died in the wreck. There were another 135 people who were injured, 40 of whom were in critical condition. This crash rivals a 1972 Chicago commuter train wreck and a 1993 Amtrak crash in Alabama as one of the most catastrophic railroad accidents in recent years. The 1972 Chicago accident resulted in 45 fatalities, while the 1993 Amtrak crash killed 47.

 

It appears that the engineer responsible for this month’s Metrolink accident may have been texting with a local teenager just before the crash. Nick Williams, the local teen, said he received three text messages from the engineer that afternoon. The last one arrived just one minute before the collision.

Alarming Statistics

 

Railroad accidents frequently cause catastrophic injury and death due to the size of the trains and the speed at which they travel. Unfortunately, these accidents have been on the rise over the last few years. The Federal Highway Administration has found that a train hits a pedestrian or motor vehicle once every two hours.

 

According to the Federal Railroad Administration’s Office of Safety Analysis, there were 13,067 train accidents in 2007 alone. Those accidents resulted in 851 deaths and 8,801 injuries.

 

The numbers for 2008 will most likely turn out to be even more alarming. From January 2008 to March 2008, 4,875 railroad accidents were reported, resulting in 309 fatalities and 3,223 injuries.

 

The most common injuries stemming from train accidents include:

· Brain trauma

· Spinal cord injuries

· Concussions

· Sprains

· Fractures

· Abrasions

· Burn injuries

· Internal and soft tissue injuries

Causes of Train Accidents

 

In 2007, the two biggest factors responsible for railroad accidents were human factors (38.2% of crashes) and track defects (34.94% of crashes). Other main causes of train wrecks include:

· Human error

· Negligence

· Derailment

· Railroad employee intoxicated at work

· Collapsing bridge

· Faulty track or rail inspection

· Defective railroad crossings

· Collision with another train

· Collision with a motor vehicle

· Operator fatigue

· Poorly maintained tracks

· Signal defects

· Excessive speed

What are your Rights?

 

The Federal Employers Liability Act (FELA) protects railroad workers in cases where an accident was caused by negligence on the part of the railroad company. Unlike typical workers’ compensation laws, FELA allows a railroad employee to sue employers in these situations.

 

If you are a civilian who has been injured in a railroad accident, you have rights as well. You can generally sue the party responsible for the wreck and recover all appropriate damages – medical expenses, loss of wages due to injuries, punitive damages when appropriate, etc.

 

The railroad companies are legally responsible for train and track maintenance. Unfortunately, in recent years, many railroad companies have been deferring maintenance on tracks and equipment in order to improve profits. Currently, the number of railroad maintenance workers is half of the total 20 years ago.

 

It is important to consult an experienced personal injury lawyer if you have been involved in a train accident. Hiring a lawyer will ensure that your rights are protected and that you receive a fair settlement for your injuries.

About the Author

If you have been involved in a railroad accident in the Oklahoma City area, please contact the law offices of Stipe & Belote, LLP today for an initial consultation.